Subject: 18737 Sign Documents/Wave Restriction
Date: Mon, 23 Jul 1990 16:11:00 -0500


                               RESOLUTION NO. 18737
                  
                  
                   A RESOLUTION AUTHORIZING THE MAYOR AND/OR
                   CITY FINANCE OFFICER TO EXECUTE ANY AND ALL
                   DOCUMENTS NECESSARY TO WAIVE THE
                   RESTRICTION NAMED IN THE QUITCLAIM DEED ON
                   PROPERTY LOCATED AT 7501 EAST BRAINERD ROAD,
                   CURRENTLY OWNED BY ROBERT D. AND SUSANNE T.
                   JOHNSON.
                  
                  
                                                    
                  
                  
       	    	 WHEREAS, on February 28, 1977, the real estate,
       described in Exhibit A attached hereto and incorporated herein by 

       reference, located at 7501 East Brainerd Road in the City of
       Chattanooga, Hamilton County, Tennessee, was conveyed to Robert 
D.
       and Susanne T. Johnson, subject to the condition and restriction
       that for a period of fifteen (15) years no commercial,
       manufacturing or other business enterprise of any kind should be
       maintained on the premises or in connection with the property
       conveyed other than the then present family business known as The 

       Wishing Well or any similarly related business operated in the
       residence;
       	    	 WHEREAS, on May 31, 1977, Ordinance No. 7199 was adopted
       rezoning the subject tract of land at 7501 East Brainerd Road 
from
       R-1 Residential Zone to C-2 Commercial Zone without conditions;
       	    	 WHEREAS, the foregoing deed restriction is specifically
       enforceable by the City of Chattanooga, Tennessee;
0C
       	    	 WHEREAS, on July 12, 1990, Robert D. and Susanne T.
       Johnson requested that the restriction be removed in order that
       the prospective buyer be able to put medical, dental and/or
       professional offices on the property;
       	    	 WHEREAS, on July 13, 1990, W. Bradley Weeks, who acted
       as Trustee to impose the restriction on the conveyance in 1977,
       wrote a letter to the City Attorney's Office stating that he has
       no objection to waiving the restriction;
       	    	 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
       THE CITY OF CHATTANOOGA, TENNESSEE, that the Mayor and/or City
       Finance Officer be and are hereby authorized to execute any and
       all documents necessary to waive, on behalf of the City of
       Chattanooga, Tennessee, the restriction named in the
       aforementioned Quitclaim Deed on property located at 7501 East
       Brainerd Road, Chattanooga, Tennessee 37421.
      
       ADOPTED:  8/7/90
      
       DMC:cjc